Remarks by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, on the occasion of the NPA Leadership Conference
Programme director
National Director of Public Prosecutions: Adv Shamila Batohi
Judge C. Mocumie
Ismael Momoniat
Lt. General Mbotho
Senior Managers of the NPA
Ladies and Gentlemen
Good morning,
I am very delighted to join you this morning for this event in the month of August, a month in which we do not only celebrate women, but we also introspect on how well we have done as a society in women emancipation.
So, before I go into details on what you have asked me to speak about, I would just like to pay tribute to the women in our society. Against all odds, women have demonstrated that, given half a chance, they can tilt the scales towards gender equality and in most cases, they outperform their male counterparts.
Even though significant progress has been made to empower women and ensure that they assume positions of responsibility in all spheres of society, there remains a lot of work to be done to ensure that the workplace is a conducive environment for women to thrive and prosper.
Sexual harassment and abuse of power by men who are in positions of responsibility is a blight in our society. That women are still asked for sexual favours in return for promotion and other benefits to which they are entitled, is a cancer that we must fight hard to eliminate.
What you have asked me to talk about is not completely divorced from what I have just raised about creating a conducive environment for women to thrive and prosper.
Today, you have asked me to speak about “Repositioning the NPA as the heartbeat of the justice system.”
To have a clear vision of how we can reposition an institution such as the NPA, we need to clearly understand both the domestic and global environments under which the institution is operating. It requires us to understand the complexities of the world in which criminals operate and the sophisticated tools that are in use today when crimes are committed.
The kind of changes that have happened in the world require institutions that are flexible, innovative and adaptive to remain effective and resilient. We need to ask ourselves the question: what are we going to do to ensure that the NPA is a flexible, innovative and adaptive organisation?
The most fundamental point to understand is that the NPA exists because our country and the world in general are afflicted by crimes, and the criminals responsible for those crimes need to be held accountable. In an ideal world, some would insist that our focus should be on ending crime so that we can live in a crime-free world.
Unfortunately, the real existing world is such that crime will always be with us, and as such, there will be a need for the NPA to continue to do its job and do it well.
We now live in a world in which rapid technological changes—including the emergence of artificial intelligence—have changed life as we know it. These changes have transformed the way we interact, the way we produce goods, and the way crimes are committed.
Crimes that we used to watch in science fiction movies have become a reality today.
Historically, Child Sexual Abuse Material (CSAM) relied on the exploitation of human victims. In 2024, the Internet Watch Foundation raised concerns about the emergence of AI-generated content which has now replaced human involvement in some cases. Prosecutors in the United States have already raised their concerns about how AI-generated CSAM complicates detection efforts and presents new legal and ethical challenges.
We must ask ourselves: are we ready to tackle this type of crime? Will we be able to detect it before it destroys the fabric of our society?
The team led by Ismail Momoniat did a sterling job to get our country off the FATF greylist. We ended up there due to concerns about our capacity to prevent and detect certain types of financial crimes. New technologies are now likely to further complicate how we address financial crime.
For example, artificial intelligence is poised to transform how money laundering happens. Traditional laundering depends on human coordination. New AI-driven technologies, such as synthetic ID generators and automated cryptocurrency account creation, are poised to automate and accelerate these operations.
This means we must begin training our people now, or we risk remaining on the greylist far longer than we intend.
AI also introduces autonomy, raising difficult questions about legal responsibility. A 2022 report by the US Department of Homeland Security highlighted that autonomous AI systems may eliminate the need for human hackers, enabling widespread attacks with dire economic and security implications.
An example cited was an AI model that attempted to blackmail an engineer to avoid replacement. The question is: who do you prosecute in such a case? Who bears the legal responsibility?
I raise these issues because if we are to reposition the NPA to be the heartbeat of the justice system, we must be alive to these realities.
The question is: how will we position the NPA to be effective in such a dynamic environment, and ensure justice for victims?
I was pleased to hear from the German Ambassador last week that some of you have already started training on AI and its implications for justice. This is encouraging. The NPA must ensure its personnel are equipped to navigate these new landscapes.
A repositioned NPA requires:
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Capable and appropriately skilled prosecutors
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Prosecutors who operate with ethics and integrity
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Prosecutors who uphold the principle that there is no such thing as a victimless crime
We have learned from state capture that a lack of ethics and integrity can compromise institutions. In such situations, there is no equality before the law. We must remain the voice of voiceless victims, defending the weak from those who abuse power.
While we address the outcomes of the Zondo Commission, we now face the Madlanga Commission due to allegations by General Mkhwanazi. This shows how essential accountability and ethics are.
The mentality that some crimes are victimless has created a perception that criminals’ rights are prioritised over victims’. While fair trials are essential, we must also re-centre victims.
The Thuthuzela Care Centres apply a victim-centric model for sexual offences and domestic violence, and they have achieved notable conviction success. We’ve proved it is possible to prioritise victims without compromising the rights of the accused.
Shouldn’t this model be applied across all crime categories?
Every time I visit a court, I hear of delays, missing information, and postponements. These issues show the need for better coordination across the justice value chain.
Closer working relationships between investigators, prosecutors and court administrators would ensure investigations comply with legal standards and reduce the number of cases brought to court without sufficient evidence. A prosecutor-driven process would yield more convictions and fewer abandoned cases.
Prosecutors must also work closely with the judiciary to ensure efficient case management and reduce the time it takes to conclude cases.
A repositioned NPA must also become an employer of choice—a place where young law graduates want to build their careers.
It must become the training ground for the best legal practitioners in the country.
It must be the shining example of an ethical and capable developmental state.
For this we need an NPA that:
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Is capacitated by people with the requisite skills and passion to serve
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Is staffed by ethical people who act with integrity
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Works closely with other institutions within the justice value chain
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Promotes continuous development of its personnel
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Leads in creating a conducive environment for women to thrive
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Adopts a victim-centric approach to prosecution
In a repositioned NPA, justice must not only be done, but must also be seen to be done—and it must be felt.
I thank you.
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